Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: CROWNE PLAZA DOWNTOWN ORLANDO
Judges: LINZIE F. BOGAN
Agency: Department of Business and Professional Regulation
Locations: Orlando, Florida
Filed: Aug. 25, 2011
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, November 22, 2011.
Latest Update: Jun. 06, 2024
State of Florida
Department of Business and Professional! Regulation
Division of Hotels and Restaurants
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION
Petitioner,
vs. , ;
License Number. 5801523
CROWNE PLAZA DOWNTOWN ORLANDO J inanse Type 2010
Respondent Case Number 2010042418
Administrative Complaint
The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND
RESTAURANTS, (“Petitioner), files this Administrative Complaint against CROWNE PLAZA DOWNTOWN
ORLANDO, (“Respondent’), and says:
1. . Petitioner is the state agency charged with regulating the operation of public lodging establishments and
. public food service establishments, pursuant to Section 20.165 and Chapter 509, Florida Statutes.
2. Respondent Is, and has been at all times material hereto, licensed by or subject to the jurisdiction of the
Division of Hotels and Restaurants. The respondent's business address of record is 304 W COLONIAL
DR, ORLANDO, FLORIDA 32801.The mailing address of record is CROWNE PLAZA DOWNTOWN
ORLANDO, at 304 W COLONIAL DR, ORLANDO, FLORIDA 32801.
3. Inspection of this establishment conducted pursuant to Sec. 509.032, Florida Statutes, revealed violations
of the provisions of Chapter 509, Florida Statutes, and / or the rules promulgated thereto governing
operation of the establishment. The.violation(s) found and applicable law are described in Exhibit "A,"
attached hereto and incorporated herein by reference. Inspection documents are attached as Exhibit "B”,
incorporated herein by reference.
WHEREFORE, Petitioner respectfully requests entry of an Order imposing one or more of the following
penalties: administrative fine not to exceed $1,000 per offense, suspension, revocation, or refusal of a license
issued pursuant to this Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or the
rules promulgated thereto.
Signed August 25, 2010
Valerle Freeman, District Manager
By delegation of the Director, or designee
Division of Hotels & Restaurants
Department of Business & Professional Regulation
COUNSEL FOR THE DEPARTMENT: :
Marc Drexler, Lead Attorney
Florida Bar No. 0487058
Department of Business & Professional Regulation
1940 North Monroe Street
Tallahassee, Florida 32399-2202
Certificate of Service
BY CERTIFIED U.S. MAIL, ARTICLE NUMBER:
| HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been
hand served by me on this. day of __. , 2010.
Received by:
Inspector's Signature Operator's Signature
Title . Title
Case Number: 2010042418 — File Number: 240840 District Number: 04
License Number: 5801523 2010 Form revised 10.15.09
CGROWNE PLAZA DOWNTOWN ORLANDO
Filed August 25, 2011 11:16 AM Division of Administrative Hearings
Exhibit A
License Number: 5801523
License Type: 2010 PERMANENT. FOOD SERVICE
Case Number: 2010042418
FC as cited herein references specific provisions of the Food Code, Recommendations of the United States
Public Health Service, Food and Drug Administration, incorporated by Chapter 61C, Florida Administrative
Code. NFPA as cited herein references specific provisions of the National Fire Protection Association Life
Safety Code, incorporated by reference at Chapter 4A-3, Fire Prevention, General Provisions, Florida
Administrative Code, and 61C-1.004(5), Florida Administrative Code.
* denotes a critical violation.
It is alleged that on July 29, 2010, August 2, 2010 the licensee was in violation of Florida Statute 509(FS)
and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAC), in the following
particulars. Copy(s) of the report(s) for the above referenced inspection(s) are attached hereto and
incorporated by reference as Exhibit B.
“ 41,03A-07-1 3-501,16(A) FC;; (A) EXCEPT DURING PREPARATION, COOKING, OR COOLING, OR
WHEN TIME IS USED AS THE PUBLIC HEALTH CONTROL AS SPECIFIED UNDER SECTION 3-501.19,
AND EXCEPT AS SPECIFIED IN PARAGRAPH (B) OF THIS SECTION, POTENTIALLY HAZARDOUS FOOD
SHALL BE MAINTAINED: (1) AT 136 DEGREES FAHRENHEIT OR ABOVE, EXCEPT THAT ROASTS
COOKED TO A TEMPERATURE AND FOR A TIME SPECIFIED IN PARAGRAPH 3-401,11(B) OR
REHEATED AS SPECIFIED IN PARAGRAPH 3-403.11(E) MAY BE HELD AT A TEMPERATURE OF 130
DEGREES FAHRENHEIT OR ABOVE; OR (2) AT A TEMPERATURE SPECIFIED IN THE FOLLOWING; (A)
41 DEGREES FAHRENHEIT OR LESS;
ON 7/29/10, CHICKEN SALAD WAS &0 DEGREES F, PASTA WAS 50 DEGREES F, ANGEL, HAIR PASTA
WAS 51 DEGREES F, SOUR CREAM WAS 50 DEGREES F AND TURKEY WAS 46 DEGREES F. ON
8/2/10, BUTTER WAS 110 DEGREES F, HOLLANDAISE SAUCE WAS 128 DEGREES F, POTATOES
WERE 48 DEGREES F, SHRIMP WAS 48 DEGREES F, COOKED ONIONS WERE 48 DEGREES F, PASTA
WAS 45 DEGREES F, AND HEAVY CREAM WAS 45 DEGREES F,
* 2.04-01-1 4-301,11 FC:: COOLING, HEATING, AND HOLDING CAPACITIES. EQUIPMENT FOR
COOLING AND HEATING FOOD, AND HOLDING COLD AND HOT FOOD, SHALL BE SUFFICIENT IN
NUMBER AND CAPACITY TO PROVIDE FOOD TEMPERATURES AS SPECIFIED UNDER CHAPTER 3.
THE COLD HOLDING EQUIPMENT WAS NOT MAINTANING POTENTIALLY HAZARDOUS FOOD AT THE
PROPER TEMPERATURE.
* denotes critical violation District: 04
Case Number: 2010042418 License Type: 2010
License Number: 5801523 File Number: 240840
CROWNE PLAZA DOWNTOWN ORLANDO
Exhibit A
* 3.142A-12-1 2-301.14 FC:; WHEN TO WASH. FOOD EMPLOYEES' SHALL CLEAN THEIR HANDS
AND EXPOSED PORTIONS OF THEIR ARMS AS SPECIFIED UNDER SECTION 2-301.12 IMMEDIATELY
BEFORE ENGAGING IN FOOD PREPARATION INCLUDING WORKING WITH EXPOSED FOOD, CLEAN
EQUIPMENT AND UTENSILS, AND UNWRAPPED SINGLE-SERVICE AND SINGLE-USE ARTICLES AND:
(A) AFTER TOUCHING BARE HUMAN BODY PARTS OTHER THAN CLEAN HANDS AND CLEAN,
EXPOSED PORTIONS OF ARMS; (B) AFTER USING THE TOILET ROOM; (C) AFTER CARING FOR OR
HANDLING SERVICE ANIMALS OR AQUATIC ANIMALS AS SPECIFIED IN PARAGRAPH 2-403.11(B); (D)
EXCEPT AS SPECIFIED IN PARAGRAPH 2-401,11(B), AFTER COUGHING, SNEEZING, USING A
HANDKERCHIEF OR DISPOSABLE TISSUE, USING TOBACCO, EATING, OR DRINKING; (E) AFTER
HANDLING SOILED EQUIPMENT OR UTENSILS; (F) DURING FOOD PREPARATION, AS OFTEN AS
NECESSARY TO REMOVE SOIL AND CONTAMINATION AND TO PREVENT CROSS CONTAMINATION
WHEN CHANGING TASKS; (G) WHEN SWITCHING BETWEEN WORKING WITH RAW FOOD AND
WORKING WITH READY-TO-EAT FOOD; (H) BEFORE DONNING GLOVES FOR WORKING WITH FOOD;
AND (I) AFTER ENGAGING IN OTHER ACTIVITIES THAT CONTAMINATE THE HANDS.
ON 7/29/10, THE CHEF HANDLED RAW EGGS WITH GLOVED HANDS THEN REMOVED THE GLOVES
AND DID NOT WASH THEIR HANDS BEFORE THE NEXT FOOD ACTIVITY. ON 8/2/10, THE EMPLOYEE
WIPED THEIR GLOVES ON WIPING TOWELS THEN REMOVED THE GLOVES AND DID NOT WASH
THEIR HANDS BEFORE STARTING A NEW FOOD ACTIVITY.
* 4,32-17-1 6-301.11 FC:: HANDWASHING CLEANSER, AVAILABILITY. EACH HANDWASHING
LAVATORY OR GROUP OF 2 ADJACENT LAVATORIES SHALL BE PROVIDED WITH A SUPPLY OF HAND
CLEANING LIQUID, POWDER, OR BAR SOAP.
THERE WAS NO SOAP AT THE COOKLINE HAND WASH SINK.
* denotes critical violation District: 04
Case Number: 2010042418 License Type: 2010
License Number: 5801523 . File Number: 240840
CROWNE PLAZA DOWNTOWN ORLANDO
Docket for Case No: 11-004373
Issue Date |
Proceedings |
Nov. 22, 2011 |
Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
|
Nov. 21, 2011 |
Joint Motion to Relinquish Jurisdiction filed.
|
Nov. 18, 2011 |
Petitioner's Proposed Exhibits (exhibits not available for viewing) |
Nov. 16, 2011 |
Petitioner's Witness List filed.
|
Nov. 16, 2011 |
Petitioner's (Proposed) Exhibit List filed.
|
Nov. 16, 2011 |
Transmittal Letter filed.
|
Sep. 12, 2011 |
Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for November 28, 2011; 1:00 p.m.; Orlando and Tallahassee, FL).
|
Sep. 08, 2011 |
Joint Motion for Continuance filed.
|
Sep. 08, 2011 |
Order of Pre-hearing Instructions.
|
Sep. 08, 2011 |
Notice of Hearing by Video Teleconference (hearing set for November 3, 2011; 9:00 a.m.; Orlando and Tallahassee, FL).
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Sep. 01, 2011 |
Response to Initial Order filed.
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Aug. 25, 2011 |
Initial Order.
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Aug. 25, 2011 |
Agency referral filed.
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Aug. 25, 2011 |
Election of Rights filed.
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Aug. 25, 2011 |
Administrative Complaint filed.
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